SSC Scampi Inquiry - 2.0 Recommendations

"the inquiry will assess the quality of the
administration and management at the time referred to in the
allegations, to determine whether there is a need to take
further action to ensure that the quality of the Ministry of
Fisheries' current management and systems meet public
expectations."

and

"the reviewers will recommend to the
State Services Commissioner, on the basis of their findings
on these matters, what further action, if any, should be
undertaken, whether by the State Services Commissioner or by
other parties. The focus of such subsequent action would
include the quality of current (2002) administration and
compliance systems, processes, practices and behaviours in
respect of fisheries management."

2.1.1.1 Recommendations
Relating Specifically to the Ministry of FisheriesThe
Ministry should reduce the defensiveness which is presently
characterised in the evidence and the hearing for this
Inquiry. This defensiveness appears to be the legacy of the
long and difficult introduction of the QMS system and the
years of associated litigation. The Ministry should give
greater emphasis to fairness and evenhandedness in its
decision-making, as well as continuing to emphasise legal
compliance. The Ministry should introduce a system to
record the nature of complaints received from the fishing
industry and fishers, which would enable trends in fishers
perceptions of the Ministry's decision-making to be analysed
and monitored. This system could include complaints about
the current system which have been contracted out or
devolved. In enforcement activities the Inquiry
recommends that the Ministry ensure that no facilities or
vessels owned by fishers be used as part of surveillance or
compliance activities by enforcement officers to investigate
possible offending by a competitor in that fishery, to
maintain the independence and integrity of investigations
and the prosecution process. If the legislation, policy
and process for the allocation of scampi quota finally
adopted allows administrative discretion, then the reviewers
recommend that to the extent such discretion allows, those
exercising it consider, when coming to an overall view of
the relevant public interest, the exercise of the discretion
be informed by the findings of this Inquiry. Such an
approach would assist in meeting the public expectations of
fairness and impartiality in the administration of fisheries
and also meet the requirements of the Public Service Code of
Conduct. MFish should ensure that there is a consistent
and fair process for the statutory right of review against
decisions on fishing permits under s 94 Fisheries Act 1996
by prescribing clear procedures for the conduct of a fair
and transparent hearing.2.1.1.2 Recommendations which
Apply to the Ministry of Fisheries and have Wider
Application in the Public ServiceDepartments engaged in
developing advice on, administering, or monitoring
regulatory processes should periodically review their
processes and behaviours in such administration to ensure
that all interests are taken properly into account in
assessing the overall public interest in regulatory decision
making; In undertaking such reviews departments should
consider whether specific attention to or support for
smaller or less forthcoming enterprises in the industry
being regulated may be required; Departments should
alert and train staff on the need to counter balance the
effects of lobbying, greater information and persistent
inquiries by major enterprises in an industry, with a view
to ensuring that a proper balance of interest in regulatory
decision-making is achieved. The reviewers note that this
does not necessarily mean weighting all interests equally
but ensuring that a proper balance of interests is
recognised, and the processes leading to that view have the
fullest integrity; Departments should ensure that in
exit interviews with employees departing to work in the
industry regulated by that department, such employees are
made aware of the fact that future approaches by them to
officials in relation to regulatory matters will be treated
carefully and with a degree of caution, to ensure that undue
advantage is not being given to their future employer;
Departments should train the staff administering
regulatory processes on how they should deal with
ex-employees relative to others - that all care should be
taken to ensure that transactions and relationships with
such ex-employees is fully even-handed and if necessary
cautious, to ensure that no undue advantage is given to them
or to their new employer. All Departments or Ministries
should reinforce in staff training and by other means the
important of the Public Service Code of Conduct on Offers of
Gifts or Gratuities. It is particularly important for
Departments administering regulatory processes to ensure
that it's employees do not compromise or be perceived to be
compromising their integrity, particularly when they are
entrusted to administer and allocate valuable commercial
property rights.2.1.1.3 Recommendations to the State
Services Commissioner The State Services Commissioner
should take no further action in respect of the allegations
of corruption and impropriety which were made against the
Ministry of Agriculture and Fisheries and the Ministry of
Fishers. The State Services Commissioner should consider
if further supporting material for the Public Service Code
of Conduct should be developed to enable departments to
train staff better on the ethics and behaviours needed to
ensure that advisory and administrative processes give
proper and balanced recognition to the interests of
different enterprises in a regulated industry.2.1.1.4
Other Issues Raised in Final SubmissionsWe do not
propose to make any recommendations on the powers of
inquiries under the State Sector Act to award costs. We
do not propose to release the transcript of the Inquiry or
to recommend its release.

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